A prenuptial agreement can protect your assets and set clear expectations in case of divorce. However, enforcing one requires meeting legal requirements and ensuring fairness under California law. If you want to uphold your prenup, you must understand how courts determine validity and enforceability.
Meeting California’s legal requirements
For a prenuptial agreement to be enforceable in California, it must meet several legal standards. First, it must be in writing and signed by both parties. Second, it should be entered into voluntarily, with both spouses having sufficient time to review the terms before signing. Additionally, each party should have access to independent legal counsel, or they must have waived this right in writing.
The terms of the agreement must also be fair. If a judge finds any clause unconscionable, they may strike that portion or invalidate the entire contract.
Proving fairness and full disclosure
California courts require that both parties provide full and accurate financial disclosures before signing. If one spouse hid assets or debts, the other spouse could challenge the prenup. Additionally, agreements that heavily favor one spouse may be subject to extra scrutiny.
If your prenup includes a spousal support waiver, California law requires that the spouse giving up support have independent legal representation when signing. Without this, the waiver may not hold up in court.
Challenging an unfair prenuptial agreement
If your spouse contests the prenup, they must prove coercion, fraud, or lack of proper legal procedures. Claims of duress, such as signing under pressure or without adequate time for review, could make enforcement difficult.
To strengthen enforcement, ensure your prenup meets all legal requirements.
